SAHARA AIRLINES LTD Vs. K RAMKUMAR & ORS
LAWS(KERCDRC)-2010-3-5
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 29,2010

SAHARA AIRLINES LTD Appellant
VERSUS
K Ramkumar And Ors Respondents

JUDGEMENT

- (1.) THE appellant was the 1st opposite party and respondents 1 to 5 were the complainant and opposite parties 2 to 5 respectively in OP. No. 307/05 on the file of CDRF, Ernakulam. The said complaint was filed against opposite parties 1 to 5 alleging deficiency in service by causing delay for the flight and also for causing inconvenience, hardship and financial loss to the complainant during his journey from Kochi to Delhi on 2.2.2005. Thus, the complainant claimed compensation of Rs. 2 lakhs with interest for deficiency in service on the part of the opposite parties.
(2.) THE 1st opposite party entered appearance. The opposite parties 2 to 4 remained absent. The first opposite party filed the version on behalf of the opposite parties 2 to 4 also. The first opposite party denied deficiency in service alleged by the complainant. It was contended that the flight was delayed because of the reasons beyond the control of the opposite party. The allegation that the opposite parties 2 to 4 behaved in a rude manner has also been denied by the first opposite party. Thus, the opposite party prayed for dismissal of the complaint.
(3.) 5th opposite party entered appearance and filed version contending that the 5th opposite party has no liability to pay compensation to the complainant and that the 5th opposite party had only issued Air ticket for the complainant and there was no deficiency in service on the part of the 5th opposite party in issuing the Air ticket to the complainant. Before the Forum below the complainant was examined as PW1 and witness on his side as PW2. Exts.A1 to A3 were marked on the side of the complainant. From the side of the first opposite party DW1 was examined and B1 document was also marked. On an appreciation of the evidence on record, the Forum below passed the impugned order dated 13.2.2006 directing the opposite parties to pay compensation of Rs. 50,000 to the complainant with cost of Rs. 2,000. Aggrieved by the said order, the present appeal is filed by the first opposite party Sahara Airlines Ltd.;


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